RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-03113

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her Leave and Earnings Statement (LES) be corrected to restore two days of leave lost at the end of Fiscal Year 2015 (FY15).

APPLICANT CONTENDS THAT:

On 1 Oct 14, she had a total leave balance of 78 days, due to a combat zone carryover, creating a use/lose balance of 33 days on her LES.  Her carryover balance would expire on 30 Sep 17.  During FY15, she used 44 days of leave resulting in a balance of 64 days (4 days use/lose).  The applicant requested leave for 15-18 Sep 15, which would have depleted her use/lose leave, but her leave request was denied by her supervisor due to mission requirements.

During FY15, along with the 44 days of leave, the applicant was on Temporary Duty (TDY) for 76 days.  She was also tasked with a one-year deployment in Apr 16 which required significant preparation, further limiting leave availability.

Defense Finance and Accounting Service (DFAS) restored 2 of the 3 (sic) days owed from the combat zone carryover balance in Feb 16, but Air Force Personnel Center (AFPC) stated the Air Force Board for Correction of Military Records (AFBCMR) was the only mechanism for restoring the remaining 2 days of lost leave.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 2 Jun 99, the applicant was commissioned upon graduation from the United States Air Force Academy, under Special Order JB-246, dated 2 Jun 99.

The applicant is currently serving on active duty with the Regular Air Force.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request, indicating there is evidence of an error or injustice.

In accordance with Air Force Instruction 36-3003, Military Leave Program, paragraph 6.1.2. Special Leave Accrual (SLA) Eligibility.  A member may not carry forward a leave balance of more than 60 days into a new fiscal year, except when entitled to SLA, as outlined below:

	6.1.2.1.1. The situation preventing members from using leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security.

Additionally, paragraph 6.1.3.1. states, “The maximum amount will be reduced to a new level whenever the leave balance drops below the previously set level.  If, at any time, the leave balance drops to or goes below 60 days, then there is no longer any SLA protected leave.  Therefore, the actual maximum leave that can be carried forward into succeeding fiscal years is the lowest leave balance achieved following the completion of the SLA duty or the usual 60 days, whichever is greater.”

The applicant was not eligible for SLA, because she did not deploy for 120 or more consecutive days during FY15.  She provided sufficient evidence that leave was planned and later denied by her supervisor due to mission requirements.  If the applicant would have taken leave projected for 15-18 Sep 15, the applicant would not have lost the 2 days on 1 Oct 15.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Jan 17 and 24 May 17 (updated address), Exhibits D and E, respectively, for review and comment within 30 days.  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant’s record be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to restore two (2) days of lost leave to her leave balance.

The following members of the Board considered AFBCMR Docket Number BC-2016-03113 in Executive Session on 12 Sep 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03113 was considered:

	Exhibit A.  DD Form 149, dated 18 Jul 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 13 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 6 Jan 17, w/atch.
	Exhibit E.  Letter, AFBCMR, dated 24 May 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-03113, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.